LawState and Law

The German Constitution of 1871

The German Constitution of 1871 was adopted by the Constituent Assembly on 22 April and entered into force on 4 May. It legally consolidated the creation of the German Empire, which included 3 free cities and 22 monarchies. The most important powers were transferred to the allied authorities, but a certain autonomy remained for the states. The situation of the allied states was unequal. The greatest privileges were granted to Prussia.

The German Constitution consisted of 14 chapters containing 78 articles. It was developed on the basis of separate provisions and principles of the Constitution of 1867.

The head of the empire became the Prussian king. He represented the interests of the state in international relations, led diplomacy, had full military power, commanded the armed forces, had the right to declare war on behalf of the empire, had the decisive word in resolving legislative disputes. In addition, he appointed the Chancellor (head of government) and officials.

Legislative power belonged to the parliament. The members of the Bundesrat (upper chamber) were appointed by the governments of the states belonging to the empire.

The German Constitution gave the Bundesrat not only a legislative power, but also a significant amount of executive power. The chairman of the upper chamber was the chancellor, who was appointed Prussian king. The competence of the upper house included budgetary and financial matters, legislation, conclusion of contracts, etc. To implement the laws, the Chancellor could issue orders, give administrative orders to departments, and have the right to constitutional and legislative control. The Reichstag (lower house) had little power and could be dissolved on the basis of the Bundesrat's decree.

The German Constitution contained provisions on the formation of the lower house through direct elections by the population for 3 years. At the same time, the deputies did not receive any compensation for their activities. They were considered representatives of the people, and they could not be withdrawn. The laws passed by the Reichstag were necessarily to be approved by the Bundesrat.

The government was headed by the chancellor, who was subordinated to the state-secrets, who were his deputies for various departments. The German Constitution consolidated a number of powers for the government. Thus, it was in charge of the armed forces, banking, communications, criminal law, sanitary services, etc. Local governments, for the most part, were engaged in the execution of imperial laws.

The constitutional law of Germany in this period was aimed at solving the most difficult tasks facing the empire, with the help of military force. The Basic Law does not contain chapters on the rights and freedoms of citizens. One of the chapters, which is the most extensive, is dedicated to "military affairs". It fixed universal military duty, the citizenship for 7 years to the army, etc.

The unification of Germany led to significant economic progress. The country for a long time has become one of the most industrially developed in the world.

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